In a bail application under IPC Sections 376, 363, 366, 504, 506, the court granted bail to the applicant, noting that the victim and applicant are married with two children, and held it a fit case for bail.
Release on bail via personal bond and two sureties, subject to conditions not to commit crime, tamper with evidence, or pressure witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11502 of 2021
Applicant :- Jagdish Kumar Bind @ Jaggi Opposite Party :- State of U.P. Counsel for Applicant :- Bajarang Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Supplementary Affidavit filed today by Sri Bajarang Bahadur Singh on behalf of applicant. The same is taken on record.
Short Counter Affidavit filed today by Anant Prakash Mishra on behalf of informant. The same is taken on record.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Jagdish Kumar Bind @ Jaggi, who is involved in Case Crime No. 321 of 2012, under Sections 376, 363, 366, 504, 506 I.P.C., P.S.- Sigra, District- Varanasi.
Learned counsel for the applicant(s) in support of his prayer for bail submits that applicant has been falsely implicated in this case. The victim willingly accompanied to the applicant and both being major got married and both are residing as husband and wife and out of their wedlock there are two issues.
On behalf of State bail has been opposed.
On behalf of informant a short counter affidavit is filed in which in para-6 this fact is admitted that both the victim and applicant had married and out of their wedlock there are two issues.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Jagdish Kumar Bind @ Jaggi, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 17.3.2021 PS
2 issues framed by the court
Whether the accused is entitled to bail in a case involving Sections 376 and 363 IPC given that he married the victim and they have children.
Whether the case is fit for bail considering the admission of marriage and issue of children by the opposing informant.
Jagdish Kumar Bind @ Jaggi
State of U.P.
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
